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City Council - 08/04/1987 t City Council Minutes 1 August 4. 1987 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 4, 1987 7:30 P.M., CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson x. George Bentley, Jean Harris, and Patricia Pidcock r P CITY COUNCIL STAFF: City Manager Cart J. Jullie, Assistant to the City Manager Craig Dawson, City Attomey Roger Pauly, Finance Director John D. Frane, Director of Community Services Robert Lambert. Director of x Public Works Eugene A. Dietz, and Recording Secretary Linda Jacobson PLEDGE OF ALLEGIANCE .. ROLL CALL: All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: X. A. 1. Pidcock - Discussion on budget process; X. A. 2. Peterson - Schedule workshop to go through Emergency Operating Plan and Code; X. A. 3. Harris - 1-494 Corridor Workshop; X. A. 4. Anderson - Report on storm damage to the City; XI. Jullie - School Board meeting for August 18, 1987 at 5:30 p.m. MOTION: Anderson moved, seconded by Bentley, to approve the Agenda and Other Items of Business, as amended and published. Motion approved 5-0-0. 11. MINUTES A. Re9ula_Lr Gtty Council meeting held Tuegidgy. ,may 21. 1987 MOTION: Pidcock moved, seconded by Bentley, to approve the July 21, 1987 City Council Minutes. Motion approved 5-0-0. Ill.CONSENT CALENDAR 4 City Council Minutes 2 August 4, 1987 A. ClerW5 Ljgense List B. Award Qgnt=for grading at Eden Lake Chool. Willow Park and omeward Hills Park C. Final Plig apg oval fgr Thompagn Addition (south of Valley View Road, east of County Road 4) Resolution No. 87-214 D. Final Plat app(Cval for Edenvale Executive Center Four (south of Valley View Road, east of Executive Drive) Resolution No. 87-215 JI E. Final Plat apglmval for Mount Curve Addition (east of W. 168th Avenue, south of North Manor Road) Resolution No. 87-216 F_ Final Plat appinYal for Mount Curve Additon (south of Mount Curve Road, east of Franlo Road) Resolution No. 87-217 G. Resglutign =Ueg B9 MWQC sewer connection Rarmit for The Ridge 3rd { Addition (Resolution No. 87-218) H. JAY WALLACE ADDITION, by Jay Wallace. 2nd Reading of Ordnance #26-87, Rezoning from Rural to R1-13.5 on 1.23 acres; Approval of Developer's Agreement for Jay Wallace Addition; and Adoption of Resolution #87-180, Authorizing Summary of Ordinance #26-87 and Ordering Publication of Said Summary. Location: East of Franlo Road, north of Laurel Drive. (Ordinance #26-87, Rezoning; Resolution #87-180, Authorizing Summary and Publication) I. MAJESTIC OAKS, by All-Land Corporation. 2nd Reading of Ordinance #33-87, Rezoning from Rural to R1-13.5 on 5 acres; Approval of Developer's Agreement for Majestic Oaks Addition; and Adoption of Resolution #87-219, Authorizing Summary of Ordinance #33-87 and Ordering Publication of Said Summary. 5 acres into 12 single family lots. Location: East of West 168th Avenue, south of Manor Road. (Ordinance #33-87, Rezoning; Resolution #87-219, Authorizing Summary and Publication) J. TIMBER CREEK NORTH, by Timber Creek North Partnership. 2nd Reading of Ordinance #34-87-PUD-6-87, Planned Unit Development District Review on 89 acres with Zoning District Change from Rural to RM-6.5 on 14.9 acres, and from Rural to R1-13.5 on 44 acres with variances; Approval of Developers Agreement for Timber Creek North; t i City Council Minutes 3 August 4, 1987 and Adoption of Resolution #87-220. Authorizing Summary of Ordinance #34-87-PUD-6-87, and Ordering Publication of Said Summary. 89 acres into 110 lots, 3 outlots, and road right-of-way. Location: South of County Road #67, west of Creek View lane, north of Purgatory Creek. w (Ordinance #34-87-PUD-6-87, Rezoning and PUD District; Resolution #87-220, Authorizing Summary; and Publication) K. MOUNT CURVE ADDITION, by Mount Curve Developers. 2nd Reading of Ordinance #35-87, Rezoning from RM-6.5 to R1-13.5 on 2.24 acres; Approval of Developer's Agreement for Mount Curve Addition;and Adoption of Resolution #87-221, Authorizing Summary of Ordinance #35-87, and Ordering Publication of Said Summary. 2.88 acres into 5 single family residential lots. Location: Southwest corner of Franlo Road and Mount Curve Road. (Ordinance #35-87, Rezoning; Resolution #87-221, Authorizing Summary and Publication) L. EDIENVALE EMCUT(VE CENTER Il, by Equitable Life Assurance Society. 2nd Reading of Ordinance #36-87-PUD-7-87. Planned Unit Development District Review on 15.5 acres with Zoning District Change from Rural to 1-2 on 15.5 acres with variances; Approval of Developer's Agreement for Edenvale Executive Center Il; and Adoption of Resolution #87-222, Authorizing Summary of Ordinance #36-87-PUD-7-87 and Ordering Publication of Said Summary. 15.5 acres into one lot for construction of 172,900 square feet of industrial uses in three buildings. Location: South of Valley View Road between Equitable Drive and Executive Drive. (Ordinance #36-87-PUD-7-87, PUD District and Rezoning; Resolution #87-222, Authorizing Summary and Publication) M. Ado 'on gf Joint Powers Agreement with enneoin County for CDBG Funds (Resolution #87-223, Adoption of Joint Powers Agreement) Bentley asks City Manager Jullie if Item B awarding a contract should be on the Consent Calendar. Jullie responded. "yes". Bentley asked if a roll call vote was needed for this item. Jullie said it's not necessary since this is not it public; improvement contract that requires the typical forwarding process. MOTION: Hams moved, seconded by Pidcock, to approve hems A - M on the Consent Calendar. Motion approved 5-0-0. City Council Minutes 4 August 4, 1987 �r IV. PUBLIC HEARINGS A. WNDHAM CREST. by Burl Corporation. Request for zoning District Change from Rural to R1-13.5 on 19.9 acres, Preliminary Plat of 27.9 acres into 25 single family lots, one outiot, and road right-of-way. Location: West of Purgatory Creek, east of Tristram Way. (Ordinance #37-87, Rezoning; Resolution #87-224, Preliminary Platy City Manager Jullie stated notice of this Public Hearing had been published and property owners within the pfoject vicinity had been notified. Don Patton, representing proponent. addressed the proposal x Robert Bjorklund, President of New Concept Homes, was available for questions. Planning Director Enger said the Planning Commission reviewed this item at the June 22nd Planning Commission meeting and the Commission continued this to July 27th asking proponent to provide a ,. complete tree inventory. Enger said there are 5,000 caliper inches of hardwood trees on the entire site that are 12 inches or greater in size. Enger said the Planning Commission recommended approval on a 5 - 0 vote subject to changes recommended in Staff report of July 24th. Enger said approximately 30 percent of trees on site are being removed and under the City's tree replacement formula proponent would replace approximately 5 percent of these trees. i Enger referred to Staff report of July 24th under "Staff Recommendations" 1. A. and said the current policy requires 250 percent bond; that this is a stronger effort to assure the developer installs the trees and not the City. Enger referred to Staff Report of July 24th under"Staff Recommendations" 1. B. C. D. E. F. Enger mentioned Item F. Enger said that the proposed development falls within the conservancy area of the Purgatory Creek Study and that it's not possible to develop on the property without being within this area of the Purgatory Creek Study. That it makes preservation of ffoodplains and trees adjacent to the floodplain all that more important. R � City Council Minutes 5 August 4. 1987 Enger referred to Item G under"Staff Recommendations" from Staff Report of July 24th and Staff suggests the developer bond for trees in questionable areas and then through the developers and builder's efforts every tree that was saved would be given credit against the projected number of trees. x Enger referred to hem 2. 3 and 4 of the Staff Report under"Staff Recommendations." Enger said the majority of trees that are represented as being saved perhaps can be saved by the use of retaining walls prior to constniction on indivjdual lots and Staff recommends that retaining walls that are saving those large treed areas be constructed simultaneous with street construction. Enger referred to retaining wails and Staff is making changes in recommendations and recommerds retaining walls not be over four feet high;that drainage be diverted around them not over them;that retaining wall details be reviewed by the Engineering and Building Department and building permits be issued so they are structurally designed correctly. _:. Enger mentioned that the Park. Recreational and Resource Commission has not reviewed this item and said there are a couple of Park and Recreational issues. Enger said the Park and Recreational staff comments are reflected in the Planning Commission Staff Report. Enger referred to the letter from Mr. Robert Bjorklund dated August 3, 1987 and a July 31, 1987 letter from the Builders Association of Minnesota. Enger pointed out that the Builders Association of Minnesota letter came subsequent to review by the Planning Commission and the Park and Recreation Commission and those commissions were not aware a potential review by the Builders Association was being requested. Enger referred to the Builders Association letter of July 31, 1987 and stated the most impact to the City's current tree replacement policy is the idea that trees would not have to be replaced that were removed from city road right-of-way. Enger said Staff made suggestion to change alignment of the roads for this project because the roads go through the major quality treed areas and through the main topographic features on the site. City Council Minutes 6 August 4, 1987 Enger pointed out the tree replacement policy has been revised a number of times in the past several months; and that Staff has been working with builder and City to settle objections to the satisfaction of both parties. Enger mentioned when there is more than one builder in a development it's difficult to keep track of how the project is graded and that's it's a difficult type of land use to manage, particularly in treed areas. In very wooded areas other land uses are perhaps more appropriate. Enger said this developer is asking for approval subject to any changes coming from the Minnesota Builders Association. Enger went on to mention exactly what the tree replacement policy does and does not do. Enger said in this case the developer is removing 30 percent of the trees which c.3lculates to five percent of the woods replaced. . Enger talked about not having enough open space to put trees back in and said the developer will create open space by developing the lots and, secondly, when the developer has a difficult time finding places to replace trees on the site it indicates how many trees are being removed. Enger said the Planning Commission, understanding developer was in concurrence with tree replacement policy, recommended approval an a 5-0 vote. Bentley asked what Patton meant by other alternatives to meet tree replacement goals. Patton said when the sewer line was put through the site most of the trees were taken out, and he referred on the map to this area. Patton said in designing the site they came up with a lot of alternatives and referred to the map how they came up with the present design. Bentley asked Patton again what other alternatives Patton was referring to and he asked for something more specific rather than the words "other alternatives", wanted to know what Patton proposed as arr alternative. Patton referred to the importance of setting a dollar amount per caliper inch for the trees rather than have bonding up front. Bentley referred to Mr. Bjorklund's letter of August 3, 1987 and asked if it was Patton's position that Wyndham Crest be approved subject to any restrictions of City tree replacement policy and bonding requirements. Patton agreed and said he would like this to be included with any a changes. { Bentley asked City Attorney Pauly if it's wise to approve a project subject to possible revisions in Code at a future date. Pauly said it would not be S , } .r. ... •>. 'v-r.-. ..J�v3ii...,ijt.'.iHr ifs-i':h`:.ih'n ir; .K/. ;.. ... City Council Minutes 7 August. 4, 1987 a wise action because it would leave the issue open for a period of time. Pauly stated if there was a reexamination soon prior to final plat or issuing building permits, then it might be equitable to consider approval. Pauly stated from a legal point of view if Council approves and no changes are made,then the tree policy stands as presently exists and the developer will Enter an agreement to abide by that policy. Only if Council takes some future action would there be modification accordingly to the policy. Patton said that was acceptable. Peterson asked Enger if it's reasonable that Staff will review the tree replacement policy, forward recommendatigns to Council, get response from Council, before the first building permit is issued. Enger said Staff expects that it would be. Peterson mentioned that one altemative to this issue would be to continue the hearing until the policy is changed or simply adhere to policy. Anderson said he walked this parcel of property this afternoon and went on to explain the area in question and the different variety of trees in this parcel of land. Anderson questioned the area, where the roads go, the lot size, and is concerned about protecting this area for the futurq. Anderson said he would like to see a different plan; would like to see a preservation of as many trees as possible In this area; and would like to see larger lot size. Pidcock said she would like to continue this hearingif there's any y change in the tree policy. Anderson mentioned the fad that it did not get to the Park Commission and would not want to vote on the issue until he t had a recommendation from the Paris Commission. Hams said she prefers to work within the frame work of existing policy or defer decision until we have decided what that policy is. Bentley asked Enger if Staff is recommending any changes in policy and Enger said they just received the letter yesterday and Staff could be recommending some changes. Bentley asked Enger if there was a proposal format before Council that would recommend change in that proposal and Enger said there wasn't. Bentley said he was concerned f about hokdng up approval over a possible change in policy that isn't even officially in progress and said he would be opposed to a continuance or denial. Bentley mentioned he has concern over proceeding prior to Park and Recreation Commission review. Harris said she's not comfortable unless acting within existing frame City Council Minutes 8 August 4, 1987 work of policies already in place. Harris mentioned the fact there was some flexibility within the existing policy. Harris asked the developer if he was comfortable and willing to work within existing policy and Patton said the developer was. Mr. Richard Feerick, representing the sellers, said its in the best interest of the sellers to continue the sale within the time frame if possible. Feerick also mentioned he's a member of the Minnesota Builders Association and said the Association has the same interest as Council to protect trees and effectively develop the site. Robert Bjorklund, President of New Concept Homes, said he talked to the Builders Association and their intention is to look at different alternatives with respect to the bondng, increasing the tree policy of the City by asking for one or two trees be placed on every subdivision that had no trees, and more consideration for credit in tree line of the roadway. The Builders Association reassured Bjorklund they're trying to help because of small builders. Bjorklund said he reinforced what Feerick said. i Peterson asked if it's been negotiated on the bonding from 250 percent to 150 percent. Enger said it's already in the specific recommendation of the Timber Creek project that Council approved previously. MOTION: Harris moved. seconded by Pidcock, to Close the Public Hearing and Approve 1 st Reading of Ordinance No. 37-87 for Rezoning. Anderson mentioned concern that this area is next to a nature park and changes have been made in the plans since the entrance to the parkway was first drawn in and there are 126 homes that have little or no access to one of the largest park areas. Anderson said he's concemed that the Park and Recreation Commission is not aware of some of the changes here and said he hasn't had a chance to talk to the Community Services Director. Anderson said without the information from Lambert he can not make a wise decision and will not vote for the motion. Peterson asked Enger if the Park and Recreation Commission will review this prior to 2nd Reading and Enger said they would. Peterson asked if the motion were amended to say "Approved subject to the approval of the Park and Recreation Commission or successful negotiation between Park and Recreation and the proponent with final approval," would that be acceptable with Anderson. City Council Minutes 9 August 4, 1987 t Pauly recommended not make it subject to approval of the Park and Recreation Commission, but make it subject to imposing conditions. MOTION: Bentley moved, seconded by Harris, to amend the motion on 44 the floor by adding that the 2nd Reading of the Rezoning Ordinance would occur after review of the development proposal by the Parks, Recreation, and Natural Resources Commission. Pauly stated that what Bentley suggested was fine, subject to review by the Park and Recreation Commission, but added that the motion be subject to the Council's acceptance or rejection of recommendations by the Park and Recreation Commission. a a Bentley said he would amend the motion to contain PauVs language as stated above. Harris accepted that amendment. VOTE ON THE AMENDMENT: Amendment carried 5-0-0. MOTION: Harris moved. seconded by Pidcock, to Adopt Resolution No. 87-224 approving the Preliminary Plat of Wyndham Crest for Burl Corporation, 2nd Reading subject to review by the Park and Recreation Commission and subject to Council's acceptance or rejection of recommendations by the Park and Recreation Commission. Motion approved 4-1-0 with Anderson opposing. MOTION: Harris moved, seconded by Pidcock, to Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council conditions. Anderson mentioned concerns about developing a forested area and the number of trees that will be taken out and said there are other alternatives. Anderson mentioned Council has the ability to preserve more trees in the Code and doesn't feel Council has taken the opportunity to preserve more trees. Peterson mentioned the tree replacement policy and also mentioned he doesn't want Council redesigning proposals. Anderson said Council can do better and referred to having an R1-44 in the development. i VOTE ON THE MOTION: Motion approved 4-1-0 with Anderson apposing. � l City Council Minutes 10 August 4, 1987 B. ESPECIALLY FOR CHILDREN. Request for Planned Unit Development District Review on 50.2 acres with variances, with Site Plan Review within the Neighborhood Commercial Zoning District on 1.29 acres for construction of a daycare facility. Location: South of Townline Road, east of Dell Road. (Ordinance #38-87-PUD-8-87, Rezoning within PUD/Neighborhood Commercial District) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Ed Kodet, representing the proponent, introduced Priscilla Williams. Priscilla Williams, President of Especially for Children, addressed what the company does. Anderson asked Williams what age the children will be and Williams said 18 months to 5 years, and may have school age children if there's a need in the community. Anderson mentioned there was a big demand for infant care in the City and Williams said this fall she's opening an infant care center at North Memorial Hospital which will be the center's + first infant care program. Williams said she ddn't want to commit to infant care at the Eden Prairie facility until the trial run with North Memorial to see how the center works out. Williams also mentioned the center will be designed to build in infant care facilities. Harris said she's comfortable with 16 months to 5 years and the current plan for North Memorial Hospital. Pidcock said that it bothered her that daycare centers were always next to gas stations and wanted to know if a study had been done on the affect of car and gasoline fumes on children at these centers next to gas stations. Williams said none of her facilities happen to be next to gas stations and said their playground wc.ild be behind the building so there would be a buffer for the playground area. Harris asked how many centers Williams has and Williams said they have eight different facilities all in the Minneapolis area and suburtas. Harris asked Williams how long she had been in the business and Williams said d I and a half years. Ed Kodet, representing the proponent, addressed the proposal. i W City Council Minutes 11 August 4, 1987 Director of Planning Enger said this item was reviewed by the Planning Commission on July 13th, 1987. Enger mentioned that the site plan review was required with original approval of the PUD and necessary to gain the requested zoning. The idea of a site plan review was to tie this building into the existing Tom Thumb center. The Planning Commission recommended approval on a 6-0 vote subject to recommendations of the Staff report of July 10th. Bentley asked if the issue of rooftop mechanical has been addressed by the Planning Commission and Kodet said the proponent is not going to have any rooftop mechanical. MOTION: Anderson moved, seconded by Pidoock, to Close the Public Hearing. Motion approved 5-0-0. MOTION: Anderson moved, seconded by Pidcock, to Approve the 1 st Reading of 00inance No. 38-87-PUD-8-87 for Rezoning within the PUD. Motion approved 5-0-0. MOTION: Anderson moved, seconded by Pidcock, to Direct Staff to prepare a Development Agreement and incorporating Commission and Staff recommendations. Motion approved 5-0-0. C. EDENBROCK, by David Hoel. Request for Zoning District Change from Rural to R1-13.5 on 6.2 acres with variances to be reviewed by the Board of Appeals and Preliminary Plat of 6.2 acres into 13 single family lots, one outlot, and road right-of-way. Location: South of Townline Road. east of Purgatory Creek, west of Woodlawn Heights Addition. (Ordinance #39-87, Rezoning; Resolution #87-226, Preliminary Plan City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Dave Hoel, representing the proponent, addressed the proposal. Planning Director Enger said this item was reviewed by the Planning Commission on July 13th, 1987 and the Planning Commission recommended approval of the 13 tot subdivision with one lot as floodplain to be dedicated to the City on a 6-0-0 vote subject to Staff report recommendations of July 10th, 1987. Enger stated the Planning Commission's recommendations are as follows: One, prior to City i City Council Minutes 12 August 4. 1987 Council review proponent should revise the plans to reflect a five-foot wide concrete sidewalk along the west side of Edenbrook Drive; revise the plans to reflect extension of Edenbrook Drive and water line to the southern property line; revise the plans to reflect evergreen plantings along the proposed berm for noise abatement measures for the northern lots when Crosstown comes through. Two, prior to 2nd Reading a joint powers agreement between the City of Eden Prairie and the City of Minnetonka be signed for the extension of the sanitary sewer tine. Three. prior to final plat detailed storm water plans and utility plans be reviewed by the City Engineering Department and provide right-of-way in the final plat for County Road 62 as required by Hennepin County; apply for and receive variance for lot size. subject lots Block 1, Lots 4 - 6, adjacent to the fk)odplain. The Park and Recreation Commission suggested that an outlot be E created in the,lot adjacent to the floodplain and be considered for lot size variance. Enger said Staff supports approval of the variances. Four, prior to grading permit issuance developer would be responsible for installing a construction barrier at grading limits; a park fee would be applicable to this project and place a temporary dead end sign and i temporary cul-do-sac sign at the end of Edenbrook Drive. Five, prior to final plat proponent dedicate outlot A which is floodplain for the City for I conservation purposes. Enger said the western portion of this property is within the conservancy area of the Purgatory Creek study and proponent is proposing to dedicate floodplain to the City and the Planning A Commission recommends approval. Peterson asked Enger if there's reasonable access to the east as this is � j developed. Enger said that the Edenbrook property is surrounded by undeveloped property to the east, south and west; Staff has looked at a plan which would provide cul-de-sac access to the undeveloped property to the east because the developed land further to the east is at a much higher elevation. Enger said the property to the east is not wide enough by itself to put a cul-de-sac in on a north/south afig!nrnent and obtain lots on both sides. Enger said Mr. Markham is the property owner to the east and Mr. Uram with the planning staff talked with Mr. Markham about the proposed plan the Council has before them prior to the Planning Commission meeting. Enger said Mr. Markham did not comment on the plan at that time and Staff received no comments at the Planning Commission meeting Peterson mentioned the evergreen use as a buffer along the north side i City Council Minutes 13 August 4, 1987 of the property and wondered about the durability of evergreens with salt spray when the Crosstown is extended. Asked if the trees are far enough away or will they de out. Enger said his recollection is the evergreens are on the site now and would have to look at the variety of evergreen and distance to answer the question. Hoel said they're spruce trees on the property and planning a six foot high berm. Enger said a woad fence in combination with the trees might be a solution. Anderson asked Enger if there's any possibility to put a moratorium on anymore Edens or Prairies for street names. Enger said Council is in control of both street r:ames and names of subdivisions and has the authority to accept or reject the names. Rick Sather, representing Mr. Markham, talked about Mr. Markham's property and showed Council pictures of different plans for the property and discussed Mr. M3rkham's point of view. Peterson reminded Sather that is detm i..^ -,, cth the issue of the a proposal and to confine comments to the impact of this proposal on the Markham land. Sather said he has no problem with the Hoels developing the land but thinks the project could be planned differently to p benefit all parties. Sather said he wished Council would defer action on the preliminary plat and allow time to work together or condition the preliminary plat approval on Hoel and Markham trying to work together to fine a middle ground to access the two pieces of land. Peterson said they are not preventing any other property owner from reasonable access. If Mr. Hoel voluntarily suggests removing this item from the docket for a couple weeks, there is really nothing Council can do except encourage future discussion. Harris asked if Sather had contacted Hoel prior to this evening and Sather said he met with Hoel on August 4th and talked about alternative access, but stated there was not resolution. Dick Feerick, working with Bob Bjorklund and New Concept Homes, discussed the different ideas he had for the property. Bentley said the idea of the preliminary plat and final plat allows for discussion process to continue and mentioned the action Council takes this evening will not preclude continuing discussion with the Hoels relative to what's going to happen to this parcel. City Council Minutes 14 August 4. 1987 Peterson mentioned the fact that it's Hoers project, that he's gone through the planning stage, now there's a road block; and wanted to know what Hoel thought. Hoel said he'd like to go through with the work the way he planned it. Hoel said he's open to working with the surrounding property owner as far as he can and said he's willing to change the way the road comes off their property to align with Markham's property. Hoel requested the plan be approved. Paul Nordbye, 17541 Rustic Hills Drive, talked about the proposal coming in at the last minute showing a connection to his road which Park and Recreation said was suppose to have been a cul-de-sac. Said he has nothing against the area being developed but wished the neighborhood adjoining the property could have input to where roads go. Bentley said the project under consideration is on the board and not the pictures on the overhead and that there is no proposal pending relative to development on the overhead pictures. Bentley said they're only talking about potential of future development and making allowances within this project to accommodate that potential. Bentley mentioned the dead end that Nordbye referred to. and said that it would stay that way, and that the Council at that time specifically indicated it was a temporary dead end and ultimately be connected to a road. MOTION: Harris moved, seconded by Pidcock, to Close the Public Hearing and Approve 1 st Reading of Ordinance No. 39-87 for Rezoning. Bentley asked Dietz how the Markham property would be served by sewer and water. Director of Public Works, Mr. Dietz, said Staff I recommended the connection point for the sewer be to the west in Minnetonka which has a deeper sanitary sewer location. Bentley asked about this proposal and if Staff is recommending allowances that would allow for expansion of the system. Dietz said the eight inch pipe will handle the proposed development to the south and east and when its connected in Minnetonka the Gne would run in at minimum grade to go as far as it can by gravity sewer. VOTE ON THE MOTION: Motion approved 5-0-0. City Council Minutes 15 August 4, 1987 MOTION: Harris moved, seconded by Pidcock, to Adopt Resolution No. 87-226 approving the Preliminary Plat of Edenbrook for David Hoel; and Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council conditions. Peterson said there should be a Council recommendation that the Hoels and the Markhams have continued negotiation. VOTE ON THE MOTION: Motion approved 5-0-0. D. REFUb1 DINC OF PREES03YE_PLA_CE MLt TI;,�„AMII Y H(�t lS{NCB gnN[SS IN THE AMOUNT OF S3&50.000 (Resolution No. 87-228) City Manager Juilie stated notice of this Public Hearing had been published in the Eden Prairie New on July 15, 1987 and that the proponents and Mr. Frane are here to address any questions the Council j may have. Alan Bernick, representing the proponent, addressed the proposal. Pidcack asked Bernick to explain the credit enhancement device. Bernick said the project will be built using the bond proceeds. Pidoock asked the 3.85 million or the 4.3 million. Bernick said the original cost of the project was to be approximately 5.3 million and the developer is financing the difference between total cost of the project and what the bonds finance. Pidcock asked if the indebtedness of the holder is stitl 5.3 million so they have a greater equity stake in the apartment. Bernick agreed with that statement. Bentley asked if the bond sale was or public private. Bernick said the R sale was called escrow where the bonds were issued in order to preserve a grandfather tax treatment under old tax laws held privately until now. Bentley asked who is taking advantage of arbitrage earnings since issuance of the bonds; Bernick replied that arbitrage earnings were i limited due to the terms of the City's conditions in the agreement for issuance of the bonds in 1985. Bernick listed some of the limited costs to which arbitrage earnings could be used. City Attorney Pauly mentioned the final form of the resolution has been modified on page five, paragraph five, the City's approval of the form of Preliminary Official Statement to simply "Consent" and also fifth fine from the bottom of page five change "approves" to "consent". I City Council Minutes 16 August 4, 1987 MOTION: Bentley moved, seconded by Harris, to Close the Public Hearing and Adopt Resolution No. 87-228. Motion approved 5-0-0. V. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Anderson, to approve the Payment of Claims Nos. 36293 to 36568. Peterson questioned item 36358 and Jullie stated there are automatic dialers on the lift stations. When the lift stations malfunction the flow would creep up in the manhole and tip a switch which sends a signal which leads to a telephone exchange and automatically dials maintenance personnel questioned item 36403,Peterson also q does the City pay the $1,200 through the Human Rights Service Commission. Jullie said, "yes" and thars a budgeted item. Roll call vote: Anderson, Bentley, Harris, Pidcock, Peterson wted "aye". Motion approved 5-0-0. - IV. ORDINANCES & RESOLUTIONS A. Refunding of Quail Ridge Multi-Family Housing Bonds in the amount of S5,565.000 (Resolution No. 87-227) City ManagerJuliie stated the trustees for the $5.56 million housing bonds for Quail Ridge are seeking a change in bond agreements regarding insurance mechanism for the bonds. The trustee proposes a Letter of Credit for$500,000 to be substituted for the prior mortgage insurance instrument and Sraff agrees with this approach. Peterson asked if Frane felt $500.00 Letter of Credit was an adequate amount and Frane agreed that it was and said it would give the equivalant of ten percent equity in the project. MOTION: Harris moved, seconded by Pidcoc k, to move Resolution No. 87-227. Motion approved 5-0-0. VII. PEJITIONS.,REQUESTS,& COMMUNICATIONS A. Nalyefe Outdoor AdXertisinq Company MQugjgjjgr bill ands City Council Minutes 17 August 4. 1987 r City Manager Jullie referred Council to Naegele Outdoor Advertising's proposal regarding the City Code, per City Attorney Pauly, to provide for changes in location of billboards and also referred Council to Staff report. Michael Cronin, representing the proponents. addressed the proposal. Director of Planning Enger stated that Zoning Administrator Jean Johnson was present and she has worked most closely withe Cronin in preparation of the Staff report and she would be happy to summarize the report. Harris asked how the City can have so many non-conforming signs. Johnson stated a lot of signs go back 15, 20 years, well before City Staff i monitored the signs. Harris asked about the recent billboards in'86 and '84 and wondered what recourse there was for Council when signs are in. Johnson said in '84 the City entered into an agreement for removal, but the signs had been in place prior to this. City Attorney Pauly stated that a number of signs are non-conforming because the signs existed prior to adoption of the prohibition against signs other than in certain designated zones and said in the 1970's there was no regulation of signs in the City. Pauly said in the Ws a sign zone was adopted and some of these signs are outside those zones, so since they were in use prior to the adoption of sign zones they continue as a non-conforming use. Bentley asked Cronin if he's correct in the assumption that Cronin wants Council's opinion on the proposal identified as Draft 3. Cronin said he's requesting that Council direct Staff to place Naegele Draft 3 into ordinance form or the City's proposal into ordinance form. Cronin said he could go along with Staff proposal since the only major difference is a few locations on Highway 5. Peterson said it's premature for Council to adopt or give strong support for either proposal at this point since it hasn't been through the commissions yet and stated the task tonight is to get a sensing of the Council on this proposal. , Bentley mentioned there are two areas to look at, one, take no action this evening because ultimately the signs will disappear, according to Jean M City Council Minutes 18 August 4, 1987 Johnson, and there would be no signs. Two, is Council going to allow signs in Eden Prairie. Anderson said Council has to find out if there's an advantage to having signs, are they important to the City. He said there are three alternatives, "none, some or a lot". Peterson said the use of billboards is a legitimate and important business and the City has a right and responsibility to carefully manage outdoor advertising. Place billboards where they are not offensive, where it is not obstructive to scenery. Peterson said it serves a very positive function in the proper locations in enhancing a commercial atmosphere in a commercial area. Anderson agreed to billboards if they give direction, but to have wholesale signs advertising liquor and cigarettes he sees no value to a community. Anderson mentioned the fact driving down a road you see the billboards and you're exposed to what they advertise whether you want to be or not. Pick ock mentioned the sign situation in Edina and thought it interesting that all the businesses survive in that area without signs. Pidc ock said her conclusion is she would like to see Eden Prairie without any signs. Harris said it's difficult to address the issue in terms of having legitimacy for meeting the needs of the community. The Council needs to look at s legitimacy in terms of the resident and driving public community, and not at the business community alone. Harris said she leans towards Pidcock's sentiments, but if the City elects to have signage within its perimeters Council should look very carefully where signage is placed. f Bentley said he doesn't want to enter into discussion about content of signs. Bentley also talked about the billboards along the river bottoms. Bentley said it's an advantage to the City to have some signs in the community and it's advantageous to the community to work out a trade to get those signs out of the river bottom area. Bentley said he would encourage Naegele to proceed and ask Staff to proceed along Staff recommendation instead of draft three. Bentley said the size and height indicated in Draft 3 might be a little much but something scaled down from the level would be appropriate. Pidcock said that if Council approves sign locations, then the signs ,4 City Council Minutes 19 August 4. 1987 would be present forever. Peterson said that among the altematives from the discussions between Staff and Naegele would be the elimination of signs in some undesirable locations. Peterson said he doesn't want to be a part of any governmental structure that participates in the demise of legitimate business. Pidcock said she's not trying to put anybody out of business, but is entitled to see a b. countryside as it is without being forced to look at signs. Peterson disagreed with Pidcock and said signs should be put in areas where the k City will accept them. h Anderson talked about the legitimate business of the landfill as a comparison to biilboards and Peterson said you have to respect the law that protects the landfill. 3 Pidcock mentioned that advertisers could use other means for advertising besides billboards and Bentley mentioned that a number of businesses' sole advertising dollar goers for outdoor advertising because Ws the most cost effective way to advertise. Bentley said Staff is suggesting a total of eight signs throughout the community and said that would be appropriate because they would be in certain types of zones. Mitch Wonson, 14007, Holly Road, wants Council to eliminate all billboards entirely from the community. Is upset that Council is entertaining a proposal by Naegele when Naegele hasn't fulfilled their f current obligations and agreements with the City. MOTION: Pidcock moved, seconded by Harris, that City Council reaffirm the existing policy and require conformance by Naegele to existing: agreements for removal of some billboards and request removal of certain other billboards which do not conform to City or State regulations and wait to see how the State Department of Transportation condemnation case is decided. n Peterson asked if that means the elimination of present signs and no provision for future signs and Pidcock said "yes". Anderson said he goes along with the motion. Peterson said he strongly opposes the motion. VOTE ON THE MOTION: Motion approved 3-2-0 with Peterson and ' Bentley opposing. a A City Council Minutes 20 August 4, 1987 Vill. REPORTS Of ADVISORY COMMISSIONS A. Request from Bicentennial of the U.S. Con,glitutiQn Committee MOTION: Bentley moved, seconded by Pidcock, to approve the name of Constitution Avenue for the access road to Round Lake. a Peterson asked Mark Weber the meaning of naming that particular street Constitution Avenue. Weber said they had other alternatives but in every case it involved changing existing addresses. Anderson asked Weber if it could be something else other than a street and Weber said they aren't stuck on the street idea but it was another way to observe the bicentennial. VOTE ON THE MOTION: Motion approved 5-0-0. 9 IX. APPOINTMENTS There were none. t X. REPORTS OF OFFICERS. BOARDS & !QQM,,`,'1SalONS 1 A. R!aaQrts of Council Members 1. Pidcock - Discussion to schedule Mrks ogj on Cily audit�pUrt Pidcock said she would like to schedule a meeting to go over the audit report from Fox, Cum & Murphy. Harris mentioned before any type of meeting is set she would like to have the City Manager address issues raised by the auditors in form of a plan which would become the basis of a talking document for such a meeting. Discussion followed as to when the meeting would be held. i 2. Peterson - Discussion teschoule majWng to go over the QU Code and Emergency QperatingPmcedure M J Peterson said after the "storm weekend" it became apparent there were inconsistencies between the Code and the Emergency Operating Procedure Manual and suggested a work session to discuss this. Discussion followed as to when the meeting would be held. City Council Minutes 21 August 4, 1987 MOTION: Pidcock moved, seconded by Bentley, to schedule a meeting to go over the City Code and Emergency Operating Procedure Manual inconsistencies on September 15th at 4:00 o'clock p.m. Motion approved 5-0-0. 3. Harris - 1-494 Corridor Workshoa Harris said she would not be able to attend the 1-494 Corridor Workshop and asked if there would be any recording of the workshop for review at a later date. Peterson said there will be minutes and that he will be there also and will shareinformation with Harris afterwards. 4. Pidcock- AbdM Breakfast Magl na Pidcock mentioned there will be an AMM Breakfast Meeting on the 13th of August at 7:30 a.m. and everybody should try and come. i 5. Anderson - Schedule time to go through storm damage in the City d Anderson mentioned that questions have been asked about flood control in the City and also about retaining walls, which were hit hardest from the storm, and ways of correcting some of these problems in the future and would like a report from Staff on the emergency the City had recently. B. BeDort of City Manager There was no report. C. Bepgrt of City Attorney Pauly presented Council with a copy of a memorandum which contains a partial summary of 1987 laws affecting municipalities. Pauly emphasized page one, with reference to the indemnification of officers a and employees for punitive damage awards; page two, the fact a woman i may no longer use her husband's name on a ballot when running for office; page three, at the bottom, with reference to the pesticide regulation; page four pointed out the change in the dumping fee that goes to the City; and also said the filing dates for municipal elections is between eight and ten weeks prior to the election. Pauly also mentioned that limitations have been removed with regard to the amount of interest i City Council Minutes 22 August 4. 1987 r general obligation bonds may bear and also amount of interest which may be imposed with regard to special assessments. Pauly emphasized page five, the change in notice for special meetings;page seven. with reference to construction controls for reduction in aircraft noise in zones surrounding airports, also. parental leave provisions; page nine, the pipeline safety act. D. Repgrt of Director of Elanniag 3 1 There was none. E. Rem;of Director of Community Services ' # 9 There was none. F. Beoort of,rector of Pub0c_Works 1. Resolution declaring go= to be assessed and ordering grepar, lion of 1987 ,b,pecigl Assessment Rolls and setting hearing date (Resolution No. 87-225) Director of Public Works Dietz said this is a resolution that declares the amount of cost that be assessed for the fall special assessment hearing and sets a state of September 1 st for the special assessment hearing. Dietz said this normally would have been a Consent Calendar Item and standard operating procedure by Code. Dietz said the total costs are approximately $7.5 million. City funds are $2.6 million. and assessed amount is $4.9 million. Bentley asked Dietz if he's recommending proceeding with the t assessment of item 9. I.C. 52-101 at this time. Dietz said Staff is, but there's two lots that may have to be excluded from the final roll and mentioned it's important to assess the balance of the project at this time instead of waiting. Bentley asked if Council should hold two of these meetings per year and Dietz repUed they've talked about holding two a year but there never seems to be anything ready to go in the spring since most of the work is completed in the fail_ Bentley referred to a Council meeting that took place six years ago and talked of a process for which the necessary legal procedure could be accommodated and would not necessarily have to take place in the presence of Council. Jullie said he recalled that meeting and said there E City Council Minutes 23 August 4, 1987 was a process ready to go in the event the City is challenged. Pauly said that process was evolved as a result of court decisions that indicated the court would give some weight to the Council's decision on whether or not w a project benefited a property, if Council received competent evidence and made a decision on that basis. Pauly said recent cases are indicating that the courts are going to take a fresh look at the valuation and question of whether benefit has occurred as a result of improvement. MOTION: Anderson moved, seconded by Harris, to move Resoultuion No. 87-225. Peterson suggested that Council consider a Special Assessment Hearing on another night other than a Council meeting night. Dietz said it's not too late to change the date and that Council could spend at least two hours on this hearing. Anderson agreed with setting a special meeting date. Peterson asked if the maker of the motion would approve a meeting to be scheduled for 7:30 p.m. on September 8th. Anderson agreed. Pidcock asked Dietz what he means by the reassessment of Chatham Woods. Dietz said 15 lots in the Chatham Woods subdivision went for tax forfeit and the only way to the City can collect the special assessment on them is to reassess. Bob Blount, 6501 West 168th Avenue, asked what the notification process was being followed regarding the amount to be assessed against his property. Dietz said what Blount is referring to is for trunk, sewer and water proposed for Majestic Oaks property for approximately $t 3,000. The property was assessed in 1973 for one unit of lateral benefit, which served Blount's home. and for half an acre of trunk assessments against the four to five acrea parcel. Dietz said that information of the amount to be assessed against the property to be subdivided was later than normally pcocessed, but that notification of the assessment hearing would occur probably wihtin the next few weeks. NOTE ON THE MOTION: Motion approved "-0. 2. Review deferment noli des ter Spg �iac_ i Ash nRMs (Continued from July 21, 1987) This item was continued to the next regularly scheduled City Council R v k City Council Minutes 24 August 4, 1987 S A i r p meeting. M XI. NEW BUSINESS Peterson said Juliie suggested there be a joint School Board/City Council meeting held on August 18, 1987 at 5:30 p.m. held at City Council Chambers. MOTION: Harris moved, seconded by Pidcock, to hold the joint School Board/City Council meeting on August 18, 1987 at 5:30 at City Council Chambers. Motion approved 5-0-0. XII. ,AQ,JQURNMENT MOTION: Bentley moved, seconded by Anderson,to adjourn the meeting at 11 :45 p.m. Motion approved 5-0-0.